The classification of “public” torture (Article 613-bis of the Criminal Code) referred to the Joint Sections

The Fifth Section has referred to the Joint Sections the question of the legal nature of torture committed by a public official: an autonomous offence or an aggravating circumstance of the base offence under Article 613-bis of the Criminal Code.

The systematic choice has concrete consequences for the balancing of circumstances, limitation periods and sentencing. The Joint Sections’ ruling is set to establish a firm point on an offence of growing application.

Summary note by the CommercialistiAvvocati network, based on specialised legal and practice sources. The text does not reproduce original contributions and does not constitute professional advice.